A Wendouree man who brought a slug gun to a neighbourhood dispute has avoided a 14-month jail sentence after winning an appeal on Friday.
Jason Baldwin, a 20-year-old father of two, appealed the severity of the sentence - which included a non-parole period of eight months - at the County Court at Ballarat in October.
County Court Judge Duncan Allen set aside the jail sentence imposed at the Ballarat Magistrates Court on June 5 and re-sentenced Baldwin to a two-year community correction order.
"It's in the community's best interest to re-sentence Mr Baldwin on two charges to a community correction order for two years with conditions he be under supervision and he submit to programs for mental health," Judge Allen said.
He said he set aside the Magistrates Court sentence for the reasons set out by defence lawyer Scott Belcher, which included the sentence imposed by the lower court was inconsistent with current sentencing practices.
Judge Allen said another reason behind his decision was the details of a psychological report, which was prepared at the judge's request.
Baldwin was arrested and charged with possessing a firearm while a prohibited person and filing off the serial number after an incident on June 5.
During the incident about 2am, Baldwin's friend had called him as he was in an argument with a neighbour about parking, and needed "muscle" after she got her friends to join her.
Baldwin arrived at Primrose Street, Wendouree holding the slug gun. The court had previously been told Baldwin did not "brandish" the weapon, and no witnesses said he pointed it at anyone - instead, he had helped defuse the situation.
He pleaded guilty to the two charges at the Ballarat Magistrates Court on the same day as the incident.
Baldwin's community correction order includes judicial monitoring, supervision and programs for mental health and to reduce offending.
"Don't put a foot wrong this time. You only get a number of chances," Judge Allen told Baldwin.
An order was made to forfeit the slug gun. Baldwin appeared at the County Court in Melbourne for Friday's hearing.